Research On Administrative Interview And Its Legalization

As a kind of flexible administrative act,administrative interview was first introduced into the tax levy by the authorities in China,and then gradually applied in other fields.Compared with the traditional administrative act,it is more flexible.It is good to change the governance mode and meet the requirements of service-oriented role.However,the legitimacy and rationality of the act have been questioned by the society because of the lack of accurate understanding of the attribute in theory and the loose legal regulation conditions in practice.Therefore,this article study from the two directions,provides the reference for the improvement of the rule of law of it.This paper mainly has four parts.First of all,the basic theoretical content of the act need comb.This mainly includes the concept,nature,type and main content of administrative interview.Secondly,it discusses generation and development of the act.This paper discusses the influence of balance theory,soft law theory and new public management theory on it,and analyzes the relationship with the reduction cost,risk regulation and the promotion of democracy.Thirdly,based on the practice and finds the problems.Through the study of the act in the fields of tax levy,food and drug safety,network information,ecological environment,price supervision and so on,it is pointed out from the static and dynamic aspects that there are legal basis and normative deficiencies,and there are coercive and abusive tendencies in progress.Finally,we puts forward some suggestions to improve the act.It mainly includes measures such as enhancing the level of legislation,standardizing the benchmark,clearing the basic principles,perfecting procedural rules,building rewarding mode,reinforcing effect guarantee,emphasizing information publicity and caring extensive participation,as well as establishing the relief system of appeal,reconsideration and litigation for illegal or improper interview.